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Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more

US Supreme Court Evaluates Privacy of Cell Phone Data

Last Thursday, the United States Supreme Court heard argument in Carpenter v. United States. At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of the Timothy...more

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

by Foley & Lardner LLP on

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

by King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Ninth Circuit Affirms Grand Jury Subpoena for Identity of Glassdoor Users

by Reed Smith on

A November 2017 decision by the Ninth Circuit Court of Appeals has weighed in on the expectation of privacy and First Amendment rights afforded to anonymous contributors to online content, finding that a subpoena issued by a...more

'Zeran v. AOL': The Anti-Circumvention Tool

by Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

Social Links: Proposed legislation to outlaw “catfishing” & protect young Web users; blockchain technology’s impact on marketing

The government in Indonesia has warned the world’s biggest social media providers that they risk being banned in that country if they don’t block pornography and other content deemed obscene....more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

The Google Injunction: US Federal Court Responds to Supreme Court of Canada

by Field Law on

As noted in our recent summary of the Supreme Court of Canada (SCC) decision in the ongoing fight between Google and Equustek Solutions, Google lost in Canada’s top court. Google promptly filed an application in US Federal...more

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

by Morrison & Foerster LLP on

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 5

In this post, I will be focusing on the intersection of off-label communications with government enforcement of health care fraud through the False Claims Act. Over the past eight years, the U.S. Department of Justice (“DOJ”)...more

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

Cyber Briefing: Second “Envelope” Lawsuit Against Aetna, Yahoo to Answer for 1.5 Billion Hacked Accounts and Eighth Circuit...

As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more

Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring...

We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of...more

Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital...

In an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire public, the U.S. District Court for the Northern District of...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 4

Picking up from my last installment of this series exploring the regulatory history of off-label communication, this post highlights some recent trends in FDA enforcement and guidance related to off-label promotion. Not...more

Key SCOTUS Decisions in Tech – First Half 2017

by Fenwick & West LLP on

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

ECPA Reform Legislation on the Horizon (Again)

by Reed Smith on

Three bipartisan Senate bills are up for consideration in Congress that would attempt to modernize the legal standards under which the U.S. government can access communications electronically stored by email service providers...more

TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

The Third Circuit Holds That A Single Prerecorded Call Counts As A Concrete Injury For Purposes Of Article III Standing

by King & Spalding on

On July 10, 2017, the U.S. Court of Appeals for the Third Circuit concluded that receiving a single prerecorded call constituted a concrete injury for the purposes of Article III standing....more

Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

by Hinshaw & Culbertson LLP on

In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under...more

Fenwick Privacy Bulletin - Summer 2017

by Fenwick & West LLP on

In This Issue - Ransomware Advisory - The WannaCry ransomware attack that began on May 12 infected 230,000 computers in more than 150 countries within a few days. The scope of the attack was unprecedented—which is just one...more

Getting Specific about Specific Jurisdiction: Bristol-Myers Squibb

On June 19, the United States Supreme reaffirmed some basic principles of personal jurisdiction in Bristol-Meyers Squibb Co. v. Superior Court of California, 528 U.S. __ (2017). In a bloody-good 8-1 decision (with only...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

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